Analyzing the Legal Framework Regarding Women’s Right to Inheritance with Special Reference to the Role of Superior Courts of Pakistan

2025-08-13T06:18:38+00:00

The Constitution of Pakistan 1973 emphasis on protection of family, women and children. Theoretical claims are audacious yet the State must ensure implementation of rights of women. There are fields of practical life where women have not only been denied of their rights, but are quietened by virtue of malafide customary misleading assertions prevailing in the society. The motivation of this study is to investigate the causes of deprivation of a woman from her fundamental right to inherit property from her ancestor as prescribed under the law. Legal system of the State has poor record of implementation of law and judgments passed in favour of the said underprivileged community. As Pakistan is considered a male dominated society, its women stand dependent on male members of their family for realization of their rights. Under the law of Inheritance, share of a woman, generally, is half than share of an equal man. Still potent threat to inherit the half share is from those who otherwise are supposed to protect her, i.e., mostly her near male relatives. In other words, the male heirs who get double share than the female heirs, in most of the cases, are not willing to give them their due (half) right in the estate. It, then, seems that the State, practically, has not succeeded in protecting the women rights of inheritance. It, not only, has failed to educate the male section of the society to give the women their rights but its legal system has also failed to protect their inheritance rights. There are discrepancies in judgements passed by the superior courts. In a certain case, the court enforces the inheritance rights of women, in another case, it declines to enforce the same. In a recent case, however, the Supreme Court has directed a brother to pay a fine of Rs. 3000000 to his sisters for filling a frivolous petition to deprive her from inheritance rights. Similarly, the Federal Shariat Court, in a case, has also directed to initiate criminal proceedings against those who deny the women's right of inheritance. This study adopts the doctrinal research approach to investigate the complexities surrounding women's right to inheritance, analyzing the role of superior courts of Pakistan in this respect.

The Application and Challenges of International Humanitarian Law in Pakistan: Legal Framework and Practical Implications

2025-08-20T05:31:45+00:00

International Humanitarian Law (IHL), also known as the law of armed conflict, is designed to protect individuals during armed conflicts and limit the methods and means of warfare. This research explores the application and challenges of IHL in Pakistan. This country has been affected by both internal and external conflicts, particularly regarding its security situation along the borders and internal insurgencies. The study delves into the historical background of IHL in Pakistan, the incorporation of international treaties into domestic law, the role of national military and judicial authorities, and the challenges faced in ensuring compliance with IHL standards. It also highlights the key issues such as the protection of civilians, treatment of prisoners of war, and the response to non-state actors. By critically examining the effectiveness of Pakistan's legal infrastructure, the paper aims to provide insight into the gaps and propose possible reforms to enhance the implementation of IHL in line with international standards.

Journal of International Law & Human Rights

Analyzing the Legal Framework Regarding Women’s Right to Inheritance with Special Reference to the Role of Superior Courts of Pakistan

The Application and Challenges of International Humanitarian Law in Pakistan: Legal Framework and Practical Implications